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Keywords

attorneyhabeas corpusdue processdeportationnaturalization
attorneyhabeas corpusdue processdeportationnaturalization

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Then v. Immigration and Naturalization Service

Facts

Then is a native and citizen of the Dominican Republic who was convicted on one count of possession of a controlled substance with intent to distribute. After completing a fourteen-month prison sentence, he was placed in deportation proceedings by the INS. His counsel sought a 212(c) waiver of deportation, which was denied as untimely. Then filed a writ of habeas corpus, claiming violations of his due process rights and ineffective assistance of counsel.

Then is a native and citizen of the Dominican Republic who was convicted on one count of possession of a controlled substance with intent to distribute. After completing a fourteen-month prison sentence, he was placed in deportation proceedings by the INS. His counsel sought a 212(c) waiver of deportation, which was denied as untimely. Then filed a writ of habeas corpus, claiming violations of his due process rights and ineffective assistance of counsel.

Issue

Whether the retroactive application of 440(d) of the Antiterrorism and Effective Death Penalty Act of 1996 to bar petitioner's waiver application violated his due process rights, and whether he was denied effective assistance of counsel.

Whether the retroactive application of 440(d) of the Antiterrorism and Effective Death Penalty Act of 1996 to bar petitioner's waiver application violated his due process rights, and whether he was denied effective assistance of counsel.

Rule

The court applied the principle that the AEDPA's amendments operate prospectively and do not impair the due process rights of individuals whose deportation proceedings commenced after the enactment of the amendments.

The court applied the principle that the AEDPA's amendments operate prospectively and do not impair the due process rights of individuals whose deportation proceedings commenced after the enactment of the amendments.

Analysis

The court found that the petitioners deportation proceedings and application for a waiver occurred after the enactment of the AEDPA, thus the retroactive application of 440(d) did not violate his due process rights. Additionally, the court held that the petitioner was not denied effective assistance of counsel as the admissions made by his attorney did not prejudice his case.

The court found that the petitioners deportation proceedings and application for a waiver occurred after the enactment of the AEDPA, thus the retroactive application of 440(d) did not violate his due process rights. Additionally, the court held that the petitioner was not denied effective assistance of counsel as the admissions made by his attorney did not prejudice his case.

Conclusion

The court dismissed the petitioner's writ of habeas corpus, concluding that the application of the AEDPA did not impair his due process rights and that he was not denied effective assistance of counsel.

The court dismissed the petitioner's writ of habeas corpus, concluding that the application of the AEDPA did not impair his due process rights and that he was not denied effective assistance of counsel.

Who won?

The Immigration and Naturalization Service prevailed in the case as the court upheld the application of the AEDPA and dismissed the petitioner's claims.

The Immigration and Naturalization Service prevailed in the case as the court upheld the application of the AEDPA and dismissed the petitioner's claims.

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